Navy ship gets stuck on coral reef in Philippines

MANILA, Philippines Most of the sailors on a U.S. Navy minesweeper that struck a coral reef in the Philippines left the ship Friday for safety reasons after initial efforts to free the vessel failed, the Navy said.

The ship ran aground Thursday while in transit through the Tubbataha National Marine Park, a coral sanctuary in the Sulu Sea, 400 miles southwest of Manila. There were no injuries or oil leaks, and Philippine authorities were trying to evaluate damage to the protected coral reef, designated by UNESCO as a World Heritage Site.

The U.S. Navy's 7th Fleet said 72 of the 79 crew of the USS Guardian were transferred to a military support vessel by small boat. A small team of personnel will remain aboard and attempt to free the ship with minimal environmental impact, the statement said. The remaining seven sailors, including the commanding and the executive officer, will also be transferred if conditions become unsafe.

Philippine officials said the weather was choppy Friday with strong winds and rough seas.

The World Wide Fund for Nature Philippines said that according to an initial visual inspection, the 74-yard-long, 1,300-ton Guardian damaged at least 10 yards of the reef. Aerial photographs provided by the Philippine military showed the ship's bow sitting atop corals in shallow turquoise waters. The stern was floating in the deep blue waters. The Navy said the cause of the grounding, which took place around 2 a.m. Thursday, was under investigation.

Angelique Songco, head of the government's Protected Area Management Board, said it was unclear how much of the reef was damaged. She said the government imposes a fine of about $300 per square yard of damaged coral.

In 2005, the environmental group Greenpeace was fined almost $7,000 after its flagship struck a reef in the same area.

Songco said that park rangers were not allowed to board the ship for inspection and were told to contact the U.S. Embassy in Manila. Their radio calls to the ship were ignored, she said. The U.S. Navy statement said that "the government of the Philippines was promptly informed of the incident and is being updated regularly."

Philippine military spokesman Maj. Oliver Banaria said the U.S. Navy did not request assistance from the Philippines.

U.S. Navy ships have stepped up visits to Philippine ports for refueling, rest and recreation, plus joint military exercises as a result of a redeployment of U.S. forces in the Asia-Pacific region.

The Philippines, a U.S. defense treaty ally, has been entangled in a territorial dispute with China in the South China Sea.

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Armstrong Admits to Doping, 'One Big Lie'

Lance Armstrong, formerly cycling's most decorated champion and considered one of America's greatest athletes, confessed to cheating for at least a decade, admitting on Thursday that he owed all seven of his Tour de France titles and the millions of dollars in endorsements that followed to his use of illicit performance-enhancing drugs.

After years of denying that he had taken banned drugs and received oxygen-boosting blood transfusions, and attacking his teammates and competitors who attempted to expose him, Armstrong came clean with Oprah Winfrey in an exclusive interview, admitting to using banned substances for years.

"I view this situation as one big lie that I repeated a lot of times," he said. "I know the truth. The truth isn't what was out there. The truth isn't what I said.

"I'm a flawed character, as I well know," Armstrong added. "All the fault and all the blame here falls on me."

In October, the U.S. Anti-Doping Agency issued a report in which 11 former Armstrong teammates exposed the system with which they and Armstrong received drugs with the knowledge of their coaches and help of team physicians.

George Burns/Courtesy of Harpo Studios, Inc./AP Photo

Lance Armstrong Admits Using Performance-Enhancing Drugs Watch Video

Lance Armstrong's Oprah Confession: The Consequences Watch Video

The U.S. Postal Service Cycling Team "ran the most sophisticated, professionalized and successful doping program that sport has ever seen," USADA said in its report.

As a result of USADA's findings, Armstrong was stripped of his Tour de France titles. Soon, longtime sponsors including Nike began to abandon him, too.

READ MORE: Did Doping Cause Armstrong's Cancer?

Armstrong said he was driven to cheat by a "ruthless desire to win."

He told Winfrey that his competition "cocktail" consisted of EPO, blood transfusions and testosterone, and that he had previously used cortisone. He would not, however, give Winfrey the details of when, where and with whom he doped during seven winning Tours de France between 1999 and 2005.

He said he stopped doping following his 2005 Tour de France victory and did not use banned substances when he placed third in 2009 and entered the tour again in 2010.

"It was a mythic perfect story and it wasn't true," Armstrong said of his fairytale story of overcoming testicular cancer to become the most celebrated cyclist in history.

READ MORE: 10 Scandalous Public Confessions

PHOTOS: Olympic Doping Scandals: Past and Present

PHOTOS: Tour de France 2012

Armstrong would not name other members of his team who doped, but admitted that as the team's captain he set an example. He admitted he was "a bully" but said there "there was a never a directive" from him that his teammates had to use banned substances.

"At the time it did not feel wrong?" Winfrey asked.

"No," Armstrong said. "Scary."

"Did you feel bad about it?" she asked again.

"No," he said.

Armstrong said he thought taking the drugs was similar to filling his tires with air and bottle with water. He never thought of his actions as cheating, but "leveling the playing field" in a sport rife with doping.

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Reports say many hostages killed in Algeria siege

ALGIERS (Reuters) - A Mauritanian news agency that has been in constant contact with kidnappers holding dozens of Western hostages in Algeria reported on Thursday that 34 of the captives had been killed in air strikes.

It was not immediately possible to confirm the report by the ANI news agency, which said 14 kidnappers had also been killed in air strikes by the Algerian armed forces, which had surrounded the remote desert gas pumping station where the kidnappers were holed up.

Qatar-based Al Jazeera television carried a similar report, citing its own sources.

ANI quoted a spokesman for the kidnappers as saying they would kill the rest of their captives if the army approached.

Governments around the world were holding emergency meetings to respond to one of the biggest international hostage crises in decades, which sharply raised the stakes in a week-old French campaign against al Qaeda-linked rebels in the Sahara.

An Algerian security source earlier said 25 foreign hostages had escaped the besieged compound, including two Japanese.

The source told Reuters the captors had demanded safe passage out with their prisoners. Algeria has refused to negotiate with what it says is a band of about 20 fighters.

A group calling itself the "Battalion of Blood" says it seized 41 foreigners, including Americans, Japanese and Europeans, after storming the pumping station and employee barracks before dawn on Wednesday.

The attackers have demanded an end to the French military campaign in Mali, where hundreds of French paratroopers and marines are launching a ground offensive against rebels a week after Paris began firing on militants from the air.

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Floods swamp Indonesia capital, 19,000 homeless

JAKARTA: Floods which have made more than 19,000 people homeless and killed three brought parts of the Indonesian capital to a standstill Thursday, with even the president forced to roll up his trousers.

The waist-deep muddy waters paralysed much of the centre of Jakarta, home to 20 million people and already notorious for its chaotic traffic.

Drivers were stuck in snaking queues for hours in the morning and cyclists pushed bikes with only the handlebars and seats visible.

President Susilo Bambang Yudhoyono was pictured in the grounds of the presidential palace with his trousers rolled up to the knee, brown water lapping his calves and threatening to flood the shrubbery.

"Jakarta is flooded: hopefully there won't be too many victims," he told photographers, ordering military, police and disaster officials to ensure safety.

The monsoon floods had driven more than 19,000 people from their homes, according to Jakarta governor Joko Widodo.

National disaster management agency spokesman Sutopo Purwo Nugroho said the death toll rose to three when a 35-year old man was electrocuted on Thursday. A two-year old boy was swept away and a 46-year-old man was electrocuted earlier this week.

The waters started to recede in the afternoon but floods remained in some areas including the central business district, where luxury hotels and the French, German and British embassies were surrounded.

Motorists trying to avoid the deluge drove along pavements and central reservations, or headed the wrong way down one-way streets. In some areas children punted rafts along roads which looked more like canals.

"Jakarta today is a huge swimming pool. Everyone's playing in the rain, walking in the water and laughing. The downside is, I have no idea how to get home, I might have to walk back three hours," 32-year-old administrative officer Yohanna, who uses a single name, told AFP.

Authorities raised the flood alert to its highest level early Thursday, said disaster agency spokesman Nugroho, describing the city as "besieged".

"The situation could get worse in the coming days as the rain shows little sign of abating," he told AFP.

But as rescuers rushed to evacuate residents, welfare ministry spokesman Tito Setiawan said the situation was under control.

"We have sent out trucks and rafts to move victims whose homes were inundated to temporary shelters. We will also provide food, water and humanitarian aid," he said.

Indonesia is regularly afflicted by deadly floods and landslides during its wet season, which lasts around half the year, and many in the capital live beside rivers which periodically overflow.

- AFP/fa

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CNET Member Giveaway: Fitbit Flex

Fitbit Flex

(Credit:
Fitbit)

After a great CES full of exciting tech and new ideas, we are back and hard at work. A little tired, but also thrilled to bring an exciting opportunity to the CNET audience. We'd like our users to be able to experience a little CES, so we are giving five lucky CNET members the chance to win the Best of CES award-winning Fitbit Flex. Coming out this spring, the Fitbit Flex won for best in Wearable and Health Tech, beating out a large and extremely competitive set for the coveted title.

The Flex is an activity monitor designed to be worn all day to track movement, sleep, and calories burned. The device syncs with your computer or smartphone via Bluetooth to record steps, distance traveled, and estimated calories burned through exercise. What's more, it's able to not only monitor your activity, but also your sleep.

We chose the Fitbit Flex as a Best of
CES gadget, but we're also interested to hear what you are looking forward to seeing hit the market this year. Tell us what tech you are looking forward to seeing or even buying in 2013 for a chance to win!

Interested in winning this Best of CES gadget? Here are the rules:

• Register as a CNET user. Go to the Join the Conversation section below this blog post and hit the Add Your Comment button. If you're not already registered, please do so. If you're already registered, there's no need to register again -- you just need to be logged in.


• Leave a comment below-- tell us what tech you are most looking forward to seeing hit the market or buying this year.


• Leave only one comment. You may enter for this specific giveaway only once. If you enter more than one comment, you will be automatically disqualified.


• There will be five (5) winners chosen randomly. Each winner will receive one (1) Fitbit Flex, which has a list price of $99.95.


• If you are chosen, you will be notified via e-mail. The winner must respond within three days of the end of the sweepstakes. If you do not respond within that period, another winner will be chosen.


• Entries can be submitted until Friday, February 1, at 11:59pm. PST.


• Thanks for entering the contest, and good luck!

Some legalese:

* NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. YOU HAVE NOT YET WON. MUST BE LEGAL RESIDENT OF ONE OF THE UNITED STATES OR CANADA (EXCLUDING QUEBEC), 18 YEARS OLD OR AGE OF MAJORITY, WHICHEVER IS OLDER IN YOUR STATE OF RESIDENCE AT DATE OF ENTRY INTO SWEEPSTAKES. VOID IN PUERTO RICO, ALL U.S. TERRITORIES AND POSSESSIONS AND WHERE PROHIBITED BY LAW. SWEEPSTAKES ENDS 02/01/13. SEE RULES FOR DETAILS.

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Manti Te'o says he's the victim of "girlfriend" hoax

Updated 11:20 p.m. ET

SOUTH BEND, Ind. Notre Dame said a story that star Manti Te'o's girlfriend had died of leukemia — a loss he said inspired him all season and helped him lead the Irish to the BCS title game — turned out to be a hoax apparently perpetrated against the linebacker.

13 Photos

Manti Te'o

Notre Dame Fighting Irish Athletic Director Jack Swarbrick held a press conference late Wednesday about the apparent hoax Wednesday after Deadspin.com said it could find no record that Lennay Kekua ever existed.

"This was a very elaborate, very sophisticated hoax perpetrated for reasons we can't fully understand," Swarbrick said.

CBS News and its morning program, "CBS This Morning," were among the many news outlets that reported on the "hoax" girlfriend's death. "CBS This Morning" will have an update on the report Thursday.

The Notre Dame athletic director insisted "several things" led him to believe Te'o did not create the girlfriend himself after the university's investigation into the situation, led by a private investigative firm.

"Manti was the victim of that hoax. He has to carry that with him for a while. In many ways, Manti was the perfect mark because he's the guy who was so willing to believe in others," Swarbrick said. "The pain was real. The grieving was real. The affection was real."

By Te'o's own account, she was an "online" girlfriend.

"This is incredibly embarrassing to talk about, but over an extended period of time, I developed an emotional relationship with a woman I met online. We maintained what I thought to be an authentic relationship by communicating frequently online and on the phone, and I grew to care deeply about her," he said in statement.

"To realize that I was the victim of what was apparently someone's sick joke and constant lies was, and is, painful and humiliating."

"In retrospect, I obviously should have been much more cautious. If anything good comes of this, I hope it is that others will be far more guarded when they engage with people online than I was."

The linebacker's father, Brian Te'o, said in a telephone interview with The Associated Press in early October that he and his wife had never met Kekua, saying they were hoping to meet her at the Wake Forest game in November. The father said he believed the relationship was just beginning to get serious when she died.

Notre Dame Fighting Irish Athletic Director Jack Swarbrick at a press conference on Jan. 16, 2013.

/

CBS News

Swarbrick likened the situation to the 2010 movie "Catfish," in which "young filmmakers document their colleague's budding online friendship" with an allegedly young woman that turns out also to be a hoax.

The university said its coaches were informed by Te'o and his parents on Dec. 26 that Te'o had been the victim of what appeared to be a hoax.

Someone using a fictitious name "apparently ingratiated herself with Manti and then conspired with others to lead him to believe she had tragically died of leukemia," the school said.

Swarbrick said the investigation revealed "several" perpetrators, although the exact number is unclear. He said the university became convinced of the hoax based on "the joy they were taking...referring to what they accomplished and what they had done."

Te'o talked freely about the relationship after her supposed death and how much she meant to him.

In a story that appeared in the South Bend Tribune on Oct. 12, Manti's father, Brian, recounted a story about how his son and Kekua met after Notre Dame had played at Stanford in 2009. Brian Te'o also told the newspaper that Kekua had visited Hawaii and the met with his son. Brian Te'o told the AP in an interview in October that he and his wife had never met Manti's girlfriend but they had hoped to at the Wake Forest game in November. The father said he believed the relationship was just beginning to get serious when she died.

The Tribune released a statement saying: "At the Tribune, we are as stunned by these revelations as everyone else. Indeed, this season we reported the story of this fake girlfriend and her death as details were given to us by Te'o, members of his family and his coaches at Notre Dame."

The week before Notre Dame played Michigan State on Sept. 15, coach Brian Kelly told reporters when asked that Te'o's grandmother and a friend had died. Te'o didn't miss the game. He said Kekua had told him not to miss a game if she died. Te'o turned in one of his best performances of the season in the 20-3 victory in East Lansing, and his playing through heartache became a prominent theme during the Irish's undefeated regular season.

"My family and my girlfriend's family have received so much love and support from the Notre Dame family," he said after that game. "Michigan State fans showed some love. And it goes to show that people understand that football is just a game, and it's a game that we play, and we have fun doing it. But at the end of the day, what matters is the people who are around you, and family. I appreciate all the love and support that everybody's given my family and my girlfriend's family."

Manti Te'o #5 of the Notre Dame Fighting Irish reacts after beating the Michigan State Spartans 20-3 at Spartan Stadium Stadium on September 15, 2012, in East Lansing, Michigan.

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Gregory Shamus/Getty Images

20 Photos

2013 BCS National Championship

Te'o went on the become a Heisman Trophy finalist, finishing second in the voting, and leading Notre Dame to its first appearance in the BCS championship.

He was asked again about his girlfriend on Jan. 3 prior to the BCS title game, saying: "This team is very special to me, and the guys on it have always been there for me, through the good times and the bad times. I rarely have a quiet time to myself because I always have somebody calling me, asking, `Do you want to go to the movies?' Coach is always calling me asking me, `Are you OK? Do you need anything?'"

Te'o and the Irish lost the title game to Alabama, 42-14 on Jan. 7. He has graduated and was set to begin preparing for the NFL combine and draft at the IMG Academy in Bradenton, Fla., this week.

Four days ago Te'o posted on his Twitter account: "Can't wait to start training with the guys! Workin to be the best! The grind continues! (hash)Future"

Te'o's statement also said: "It further pains me that the grief I felt and the sympathies expressed to me at the time of my grandmother's death in September were in any way deepened by what I believed to be another significant loss in my life.

"I am enormously grateful for the support of my family, friends and Notre Dame fans throughout this year. To think that I shared with them my happiness about my relationship and details that I thought to be true about her just makes me sick. I hope that people can understand how trying and confusing this whole experience has been.

"Fortunately, I have many wonderful things in my life, and I'm looking forward to putting this painful experience behind me as I focus on preparing for the NFL Draft."

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Notre Dame: Football Star Was 'Catfished' in Hoax

Notre Dame's athletic director and the star of its near-championship football team said the widely-reported death of the star's girlfriend from leukemia during the 2012 football season was apparently a hoax, and the player said he was duped by it as well.

Manti Te'o, who led the Fighting Irish to the BCS championship game this year and finished second for the Heisman Trophy, said in a statement today that he fell in love with a girl online last year who turned out not to be real.

The university's athletic director, Jack Swarbrick, said it has been investigating the "cruel hoax" since Te'o approached officials in late December to say he believed he had been tricked.

Private investigators hired by the university subsequently monitored online chatter by the alleged perpetrators, Swarbrick said, adding that he was shocked by the "casual cruelty" it revealed.

"They enjoyed the joke," Swarbrick said, comparing the ruse to the popular film "Catfish," in which filmmakers revealed a person at the other end of an online relationship was not who they said they were.

"While we still don't know all of the dimensions of this ... there are certain things that I feel confident we do know," Swarbrick said. "The first is that this was a very elaborate, very sophisticated hoax, perpetrated for reasons we don't understand."

Mike Ehrmann/Getty Images

Notre Dame's Athletic Director Discusses Manti Te'o Girlfriend Hoax Watch Video

Notre Dame Football Star Victim of 'Girlfriend Hoax' Watch Video

Eddie Lacy, Barrett Jones Discuss 'Bama Win Watch Video

Te'o said during the season that his girlfriend, Lennay Kekua, died of leukemia in September on the same day Te'o's grandmother died, triggering an outpouring of support for Te'o at Notre Dame and in the media.

"While my grandma passed away and you take, you know, the love of my life [Kekua]. The last thing she said to me was, 'I love you,'" Te'o said at the time, noting that he had talked to Kekua on the phone and by text message until her death.

Now, responding to a story first reported by the sports website Deadspin, Te'o has acknowledged that Kekua never existed. The website reported today that there were no records of a woman named Lennay Kekua anywhere.

Te'o denied that he was in on the hoax.

"This is incredibly embarrassing to talk about, but over an extended period of time, I developed an emotional relationship with a woman I met online," Te'o said in a statement released this afternoon. "We maintained what I thought to be an authentic relationship by communicating frequently online and on the phone, and I grew to care deeply about her."

Swarbrick said he expected Te'o to give his version of events at a public event soon, perhaps Thursday, and that he believed Te'o's representatives were planning to disclose the truth next week until today's story broke.

Deadspin reported that the image attached to Kekua's social media profiles, through which the pair interacted, was of another woman who has said she did not even know Te'o or know that her picture was being used. The website reported that it traced the profiles to a California man who is an acquaintance of Te'o and of the woman whose photo was stolen.

"To realize that I was the victim of what was apparently someone's sick joke and constant lies was, and is, painful and humiliating," Te'o said.

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Syrian army on offensive in Aleppo after university blast

BEIRUT (Reuters) - Syrian armed forces launched a renewed offensive in the northern city of Aleppo on Wednesday, state media said, a day after 87 people were killed in explosions at the city's university.

The state news agency SANA said the military had killed dozens of "terrorists" - a term Damascus uses for rebels trying to overthrow President Bashar al-Assad - in the new fighting.

Reuters cannot independently verify reports due to media restrictions in Syria.

"The Armed Forces carried out several special operations against the mercenary terrorists in Aleppo and its countryside, inflicting heavy losses upon them in several areas," SANA said.

Aleppo is split roughly in half between government and rebel forces. SANA said dozens of "terrorists" were killed in the rebel strongholds of Sukari, Bab al-Hadeed and Bustan al-Qasr.

Government forces also killed militants in al-Laramon, a area of Aleppo from which Damascus says two rockets were fired into the University of Aleppo on Tuesday, it added.

If confirmed, the government's report of a rocket attack would suggest rebels in the area had been able to obtain and deploy more powerful weapons than previously used.

The Syrian Observatory for Human Rights, a Britain-based monitoring group, said 87 people were killed and dozens wounded in the explosions, but it could not identify the source of the blasts. It said the toll could rise to more than 100 as there were still body parts that were unaccounted for.

State television showed a body lying on the street and burning cars. An entire facade of a multi-story university building had crumbled and cars were overturned. An interior shot of a corridor showed that the ceiling had caved in.

Amateur video footage showed students carrying books out of the university after one of the explosions, walking quickly away from rising smoke. The camera then shakes to the sound of another explosion and people begin to run.

Syria has been plunged into bloodshed since a violent government crackdown in early 2011 on peaceful demonstrations for democratic reform which turned the unrest into an armed insurgency bent on overthrowing Assad.

Each side in the 22-month-old conflict blamed the other for Tuesday's blasts at the university, located in a government-held area of Syria's most populous city.

Some activists in Aleppo said a government air strike caused the explosions, while state television accused terrorists of firing two rockets at the university. A rebel fighter said the blasts appeared to have been caused by surface-to-surface missiles.

The nearest rebel-controlled area, Bustan al-Qasr, is more than a mile away from the university.

The Observatory said rebel sources on the ground reported they were fighting with government forces in the early hours of Wednesday around Bustan al-Qasr, implying a renewed push by government forces to expel the insurgents.

(Reporting by Oliver Holmes; Editing by Jon Boyle)

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Tennis: Djokovic dazzles in straight-sets win over Harrison

MELBOURNE: Novak Djokovic was in the zone with a dazzling demolition of Ryan Harrison as he stormed into the third round of the Australian Open on Wednesday.

The world number one was in irresistible form, outclassing the young American 6-1, 6-2, 6-3 in just one hour 31 minutes of high-class tennis on Rod Laver Arena.

Djokovic, a three-time winner and going for three straight Australian titles, will next play Czech journeyman Radek Stepanek in the last 32.

The Serb said it was one of the best matches he has played in the early rounds at a Grand Slam.

"I've played many matches in Grand Slams in my career, so it's tough to compare which one is the best I would take under the circumstances," he said.

"I tried to focus on the start and I knew that he had nothing to lose and would come out with his big serves, but I managed to make some very important early breaks at the start of the match.

"I was a set up after 20 minutes and it was a mental advantage, I felt much more comfortable on the court.

"This was definitely a better performance than the first round.

"I managed to play in a very high level already in the second round of a Grand Slam, which is very encouraging for next challenge."

Djokovic jumped out of the blocks and won 12 of the first 13 points to put the young American on the back foot and down an early service break.

He broke Harrison again in the sixth game and wrapped up the opening set in just 20 minutes.

The Serb top seed carried on where he left off breaking the American's opening service to win seven of the first eight games.

Djokovic broke Harrison's serve for a fourth time to carry on the blitz and raced to a two sets to love lead via three set points in 30 minutes.

Harrison was broken again in the opening game of the final set as Djokovic closed in on victory.

But the young American refused to give in and held three service games under pressure, to the appreciation of the centre court crowd.

Djokovic again put Harrison's service under pressure and took out the match on his second match point.

"He played really well," Harrison said. "Kind of getting broke in that first service game, giving a guy that's that good a little bit of a lead and letting him front-run is just not the ideal way to start."

- AFP/fa

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Prosecutor in Aaron Swartz 'hacking' case comes under fire

Carmen Ortiz, U.S. Attorney for Massachusetts

(Credit:
U.S. Department of Justice)

A politically ambitious Justice Department official who oversaw the criminal case against Aaron Swartz has come under fire for alleged prosecutorial abuses that led the 26-year-old online activist to take his own life.

Carmen Ortiz, 57, the U.S. attorney for Massachusetts who was selected by President Obama, compared the online activist -- accused of downloading a large number of academic papers -- to a common criminal in a 2011 press release. "Stealing is stealing whether you use a computer command or a crowbar," Ortiz said at the time. Last fall, her office slapped Swartz with 10 additional charges that carried a maximum penalty of 50 years in prison.

"He was killed by the government," Swartz's father, Robert, said at his son's funeral in Highland Park, Ill., today, according to a report in the Chicago Sun Times.

Last Wednesday, less than three months before the criminal trial was set to begin, Ortiz's office formally rejected a deal that would have kept Swartz out of prison. Two days later, Swartz killed himself.

"He was being made into a highly visible lesson," says Harvey Silverglate, a Cambridge, Mass., attorney who first met Swartz in 2001 and spoke with him after his arrest. "He was enhancing the careers of a group of career prosecutors and a very ambitious -- politically-ambitious -- U.S. attorney who loves to have her name in lights."

Ortiz' spokeswoman did not respond to questions from CNET today. The spokeswoman, Christina Sterling, had said earlier this week: "We want to respect the privacy of the family and do not feel it is appropriate to comment on the case at this time."

Replies Silverglate, the defense attorney and author of the book "Three Felonies a Day:" "It nearly made me puke. Out of deference to the family they weren't going to respond to the charges? It wasn't 'out of deference to the family.' It was out of deference to their careers."

Swartz was accused of 13 felony counts relating to connecting a computer to MIT's network without authorization and retrieving over four million academic journal articles from the JSTOR database (he was allowed to access JSTOR, but not to perform a bulk download). The advocacy group Demand Progress, which Swartz had helped to create and which helped to defeat the Stop Online Piracy Act a year ago, likened it to "trying to put someone in jail for allegedly checking too many books out of the library." (Swartz also sold a company he founded called Infogami to Reddit and was one of the co-creators of the RSS standard for syndicating content.)

If Swartz had stolen a $100 hard drive with the JSTOR articles, it would have been a misdemeanor offense that would have yielded probation or community service. But the sweeping nature of federal computer crime laws allowed Ortiz and Assistant U.S. Attorney Stephen Heymann, who wanted a high-profile computer crime conviction, to pursue felony charges. Heymann threatened the diminutive free culture activist with over 30 years in prison as recently as last week.

The Boston U.S. Attorney's office was looking for "some juicy looking computer crime cases and Aaron's case, sadly for Aaron, fit the bill," Elliot Peters, Swartz's attorney at the Keker & Van Nest law firm, told the Huffington Post. Heymann, Peters says, thought the Swartz case "was going to receive press and he was going to be a tough guy and read his name in the newspaper."

Heymann was also the Boston office's point person in a second investigation that spurred another young hacker to kill himself. In 2008, 24-year-old Jonathan James committed suicide after being named a suspect in a federal cybercrime investigation. His suicide note said: "I have no faith in the 'justice' system. Perhaps my actions today, and this letter, will send a stronger message to the public."

"The charges were ridiculous and trumped-up"

Aaron Swartz, who committed suicide two days after federal prosecutors rejected his attorney's proposal for no prison time.

(Credit:
Fred Benson/ Creative Commons: Flickr)

Ortiz has now found herself in an unusual -- and uncomfortable -- position: as the target of an investigation instead of the initiator of one.

An online petition asking President Obama to remove her from office has garnered 35,000 signatures. The threshold at the time for triggering an official White House response, which has not yet happened, was 25,000. (A separate petition asking for the removal of prosecutor Stephen Heymann has attracted only 4,000 signatures so far.)

House Oversight Committee Chairman Darrell Issa, a California Republican, said he has launched an investigation into Ortiz's prosecution of Swartz. It's a bipartisan sentiment: Rep. Jared Polis, a Colorado Democrat and former Internet entrepreneur, told the Hill that: "The charges were ridiculous and trumped-up. It's absurd that he was made a scapegoat."

Rep. Zoe Lofgren, a Democrat whose district includes the heart of Silicon Valley, published draft legislation today (PDF) called "Aaron's Law" that would no longer make it a crime to violate terms of service agreements.

Ortiz had been a rising star in the Democratic Party: a law-and-order Hispanic prosecutor who had won high-profile convictions including Salvatore DiMasi, the former Massachusetts House speaker. The Boston Globe named her "Bostonian of the Year" in 2011 and reported last month that Ortiz was a potential gubernatorial candidate.

Swartz's friends and family have, in the days since his death, argued that Ortiz, Heymann, and assistant U.S. attorney Scott Garland employed tactics should have been reserved for serious criminals, not an activist who merely downloaded more articles than JSTOR would have preferred. A Swartz family statement posted at RememberAaronSW.com says: "The U.S. attorney's office pursued an exceptionally harsh array of charges, carrying potentially over 30 years in prison, to punish an alleged crime that had no victims."

Larry Lessig, the Harvard law professor who spoke at Swartz's funeral today along with Web inventor Tim Berners-Lee, said in a blog post that even though Swartz had no intention of profiting from any downloaded journal articles, "our government continued to push as if it had caught the 9/11 terrorists red-handed."

Alex Stamos, who the defense had planned to call as an expert witness on computer intrusion, said: "I know a criminal hack when I see it, and Aaron's downloading of journal articles from an unlocked closet is not an offense worth 35 years in jail." Law professor Tim Wu added that Ortiz's "legal authority to take down Swartz was shaky" after a federal appeals court ruling last year.

It's true that Swartz would not have faced 50 years in prison; that was, after all, the maximum sentence for his supposed felonies, not the minimum one. But Ortiz and her staff were intent on requiring that he plead guilty to multiple felonies and serve significant time behind bars.

Jennifer Granick, director of civil liberties at Stanford University's Center for Internet and Society and former criminal defense attorney, elaborated on why Swartz was so reluctant to plead guilty:

There was great practical risk to Aaron from pleading to any felony. Felons have trouble getting jobs, aren't allowed to vote (though that right may be restored) and cannot own firearms (though Aaron wasn't the type for that, anyway). More particularly, the court is not constrained to sentence as the government suggests. Rather, the probation department drafts an advisory sentencing report recommending a sentence based on the guidelines. The judge tends to rely heavily on that "neutral" report in sentencing... If he plead guilty to a felony, he could have been sentenced to as many as 5 years, despite the government's agreement not to argue for more. Each additional conviction would increase the cap by 5 years, though the guidelines calculation would remain the same. No wonder he didn't want to plead to 13 felonies. Also, Aaron would have had to swear under oath that he committed a crime, something he did not actually believe.

JSTOR has said since 2011 that it had no interest in pursuing criminal charges, and added last weekend that it "regretted" having been drawn into "this sad event." MIT, which reportedly did encourage Ortiz to pursue the case, is now conducting an internal investigation.

Last Wednesday, two days before Swartz took his life, JSTOR said it was making its archives of more than 1,200 different academic journals free for the public to read.

Computer prodigy Aaron Swartz remembered

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